In a case that proves that sometimes you really can have too much of a good thing, the State Attorney General’s Office has decided to file a lawsuit against Radiate Athletics, the West Chester based sports apparel company, for failing to deliver on all of the prepaid orders from its wildly successful Kickstarter campaign.  

According to the lawsuit that was filed on Friday against Radiate Athletics and company co-founder Kenneth E. Crockett Jr. by the Pennsylvania Office of Attorney General’s Bureau of Consumer Protection, the defendants raised over $579,000 during the 2013 Kickstarter campaign for its “bold-colored, machine-washable shirts that changed color,” providing that the company achieved its original funding goal of $30,000.

The campaign was used by Radiate Athletics in order to promote its ground breaking new shirts that use “thermochromic” technology to enable the fabric to change color during a workout. The effect is to highlight the muscles that are working the hardest and shows the wearer the results of their efforts.

However, the unexpectedly high demand for the $55 shirts which saw over 8,500 people pay for one or more items caused huge problems for the company, as it was unable to honor the delivery dates promised on the fundraising page.  

“Demand crushed our supply capability” said Crockett in an interview with the Wall Street Journal last year, going on to state that “the whole thing has been a nightmare.”

In the lawsuit filed in the Chester County Court of Common Pleas, the Attorney General’s Office states that certain financial backers claimed they have not received the items they were promised, while others claimed that incomplete orders were sent to them. In addition, the defendants are accused of not providing the requested refunds to some disgruntled consumers.

The allegations made in the lawsuit are in direct violation of the Unfair Trade Practices and Consumer Protection Law, as well as the business’ Internet crowdfunding financing agreement made with its financial backer.

While not available directly for comment, the company has left a recording on its main telephone number apologizing for any inconvenience caused, and stating that the majority of domestic shipments and half of the international ones have been made, with the rest going out next week.